Tivo sanction request against Echostar uncovered: $1Billion

[vampz26]

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Originally Posted by msmith198025

Satisfaction?

Lol...call me when 'satisfaction' pays the light bill...

[vampz26]

Originally Posted by Mike0616

Thanks for the best laugh I have had in years!

While we are at it, lets abolish all patents. No, wait, that is not enough, lets abolish all laws, make it survival of the fittest. Happy now?

See you on the street, if you dare to come out!

Hey...considering how antiquated and corrupt things are, abolishment may not be a bad idea! Seriously, we are due for a complete overhaul of the system and that right soon!

[jacmyoung]

Originally Posted by jacmyoung

We have a link to the appeals court order in the sticky thread, in it says:



Then:



So all three items above are stayed. The first among them is the contempt ruling, the second of them is the injunction, the third of them is the kind of steps E* must take in light of the contempt holdings.

One of such steps is E* must brief the court what should be the proper additional sanctions against them in light of the contempt holdings. All parts of the order are stayed, as shall not be in effect until the appeals court rules in November.

It is very interesting to note that E* in their filings to the appeal court did not even specify such complete list of items to be stayed, they only specified that the judge’s 6/2/09 injunction should be stayed.

Yet the appeals court on its own initiation decided their stay order pretty much should cover all aspects of the judge’s order, so much so they specifically listed all three categories of the items just to be sure everything was stayed.

Such initiation underscores the appeals court view that E* had established strong likelihood of success on the merits.

[riffjim4069]

People scoffed when I mentioned this would cost Dish Network upwards of a billion dollars before all was said and done. So far $205 million has been awarded to Tivo for infringement of their IP, and I am sure E* has spent more than 25 million in legal fees so far. This matter would have been resolved so much cheaper if Charlie would have entered into an licensing agreement with Tivo after they lost the original case and subsequent appeal. There is a time to fight and there is a time to sign a peace agreement when you're having your ass repeated handed to you. In this case, Charlie decided to fall on his sword and Dish Network is bleeding out. This could have been avoided.

[Greg Bimson]

Originally Posted by jacmyoung

Yet the appeals court on its own initiation decided their stay order pretty much should cover all aspects of the judge’s order, so much so they specifically listed all three categories of the items just to be sure everything was stayed.

But there is another order. That is the one granting TiVo's motion for contempt.

[jacmyoung]

Originally Posted by Greg Bimson

But there is another order. That is the one granting TiVo's motion for contempt.

There was not a single "the order" that covered all three items above, therefore "the order" meant to cover them all, as specified by the three items, regardless which specific order the judge issued on 6/2/09.

BTW, as I stated in another forum, not suprisingly Judge Folsom decided to go for the 7/28 sanction hearing, but he said he would not enforce the sanction pending E*'s appeal.

It is time for E* to appeal this decision again

[Greg Bimson]

Originally Posted by jacmyoung

There was not a single "the order" that covered all three items above...

The Amended Final Judgment and Permanent Injunction somewhat covered all three items. It certainly mentions the finding of contempt, as well as the enjoining of DISH/SATS and the requiring of DISH/SATS to take certain steps in light of the contempt finding.

We'll see the motions regarding the sanctions hearing at the Court of Appeals shortly.

[rockymtnhigh]

Folks, stay on topic. And the topic is the amount of the sanctions being sought by Tivo in terms of the contempt.

[jacmyoung]

Originally Posted by Greg Bimson

The Amended Final Judgment and Permanent Injunction somewhat covered all three items. It certainly mentions the finding of contempt, as well as the enjoining of DISH/SATS and the requiring of DISH/SATS to take certain steps in light of the contempt finding.

We'll see the motions regarding the sanctions hearing at the Court of Appeals shortly.

Do you not agree that "finding of contempt" is stayed? Meaning legally the contempt finding is not in effect.

As far as E*'s appeal, I said they would appeal based on their history of appealing every order As far as I am concerned, they do not have to appeal either, because the judge said he would not enforce the sanctions anyway, until the appeals court ruled in November.

The thing E* must avoid is to have this sanction hearing, and the judge renders a money judgment, then enforces it right the way, if so E* will likely have to put up another bond. Otherwise it is just a few briefings and a 30-min stand-in in the court on 7/28 by the lawyers, no big deal. In fact I would like to see how the judge deals with TiVo's $1 billion bid.

[rockymtnhigh]

Originally Posted by jacmyoung

Do you not agree that "finding of contempt" is stayed? Meaning legally the contempt finding is not in effect.

As far as E*'s appeal, I said they would appeal based on their history of appealing every order As far as I am concerned, they do not have to appeal either, because the judge said he would not enforce the sanctions anyway, until the appeals court ruled in November.

The thing E* must avoid is to have this sanction hearing, and the judge renders a money judgment, then enforces it right the way, if so E* will likely have to put up another bond. Otherwise it is just a few briefings and a 30-min stand-in in the court on 7/28 by the lawyers, no big deal. In fact I would like to see how the judge deals with TiVo's $1 billion bid.

Look, it is on HOLD. It has not been eliminated; it is "stayed" pending the appeal. Simple. Return to the status quo.

And we now know that Tivo has sought about one billion dollars in damages. And thus, we are right back to where we were a week or so ago, just a little more info.